Alemar to be released from jail, prosecutor says he's no longer a danger

August 29, 2012

MARTINSBURG - A Virginia National Guard member arrested last week on terrorism charges for running near two Martinsburg schools while wearing full combat gear and carrying a training rifle will be released from jail today.

"He is not a danger to the community. It was unique to that moment in time," Games-Neely said.

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William Everett Alemar

Alemar, of South Raleigh Street, Martinsburg, appeared in Berkeley County Magistrate Court Wednesday for a preliminary hearing in the case, but waived his right to have a hearing within 10 to 20 days. A new hearing will not be scheduled for at least another 60 days. Alemar was was charged with committing a terrorist act and wearing body armor while committing a felony offense following the incident, which occurred on the first day of school for Berkeley County students. He told police he was jogging with his gear on at the time of this arrest.

"In the beginning of this case, the Martinsburg Police Department was confronted with a fairly dangerous situation at Martinsburg High School," Games-Neely said.

Further investigation confirmed his military status, she said.

Games-Neely told the court a plea offer currently remains on the table in the case. The plea offered by the state would allow Alemar to plead guilty under Alford circumstances or no contest to one count of simple assault.

"If I had the ability to charge somebody with being stupid, I would have," Games-Neely said.

Alemar's attorney, Kevin Mills, said after Wednesday's hearing he reviewed the plea offer with Alemar at the Eastern Regional Jail and that his client hasn't accepted.

"He's not accepted that plea, period. He would have rather sat in jail today and have his preliminary hearing and gone forward because he didn't assault anybody. That's the long and short of it, just like he didn't terrorize anybody," Mills said.

Alemar will have to adhere to specific bond conditions as a result of the agreement reached Wednesday that will see him released. Games-Neely said that Alemar, whose blood alcohol concentration was .215 percent at the time of his arrest, will have to submit to random drug and alcohol screenings. Alemar will also have to report to one of three recommended military facilities to undergo an evaluation within 14 days of his release and begin any recommended treatment no later than 30 days after the evaluation.

"I'll do a jail release form for him today," Berkeley County Magistrate Harry Snow said.

Before adjourning the hearing, he told Alemar it wasn't the smartest idea to go running near a school in full combat gear.

"It's a bad thing to do anywhere. I'm glad that you are in the military. I think everybody should be in the military. You just need to find out what the problem is and take care of it," Snow said.

Cheers could be heard outside the courtroom when word of Alemar's impending release reached family members, friends and supporters. Look for a full story in Thursday's edition of The Journal.